1. TERMS AND CONDITIONS
2. Last updated: 2022-29-08
1. Introduction
Welcome to iSOKO platform!
These terms and conditions govern the use of the platform located at http://isoko.kenyachamber.or.ke, use of
iSOKO mobile app, use of iSOKO USSD application or any other services provided by KNCCI in relation to iSOKO platform.
Your agreement with us includes these Terms and our Privacy Policy (" terms "). You acknowledge that you have read and understood the terms and agree to be bound by them.
If you do not agree with (or cannot comply with) Agreements, then you may not use the Service, but please let us know by emailing at isoko.suport@kenyachamber.or.ke so we can try to find a solution. These Terms apply to all visitors, users and others who wish to access or use our Service.
2. Privacy of Information
We may collect your personal identification information when you use the website. The information may include registration information like name, gender, email address and other contact information shared. Such information will only be collected when users voluntarily submit such information. Such information will be collected, stored and processed in line with data protection requirements of the applicable laws. We will never share, rent or trade your information with any third parties outside the information you voluntarily share with users of the platform.
3. Communications
When you use iSOKO platform, or send e-mails, text messages, and other communications from your desktop or mobile device to us or other users, you may be communicating with us or other users electronically. You consent to receive communications from others electronically with
respect to the inquiries made or orders placed on the platform, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other iSOKO applications, such as our messaging services, and you can retain copies of these communications for your records.
4. Your account
You will need and register and own an account to use certain iSOKO platform services, and you may be required to be logged in to the account every time you want to access those services.
When you create an account with us, you guarantee that you are above the age of 18 years, and that the information you provide us is accurate, complete, and current always. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on
Service.
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. You must notify us immediately upon becoming aware of
any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that
is offensive, vulgar or obscene.
5. Purchases
We are not involved in the actual transaction between sellers and buyers in this platform. We have no control over and do not guarantee the quality, safety, delivery or legality of items posted, truth or accuracy of the representations made by sellers or providers in respect of the items listed on this platform. If you order and purchase any of the products or services offered by these sellers and providers, you are purchasing directly from third parties and not from the Chamber.
We do not assume any responsibility or liability for any action, product or service of these and any other third parties.
Please use caution, and practice safe exchange when using the platform. Please also note that there are also risks of people acting under false pretense to display inaccurate or deceptive information. You should carefully review their conditions before ordering a product or service.
In the event that a dispute arises between you and one or more users, you release the Chamber (and our staff, sub-contractors and all affiliated parties) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and
unsuspected, disclosed and undisclosed out of in any way connected with such disputes.
The Chamber will not be liable for any loss of profits, contracts, data or any other consequential loss arising from the use of the platform.
6. Content
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for Content that you post on or through Service, including its legality, reliability, and
appropriateness.
By posting Content on or through the platform, you represent and warrant that:
(i) Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and that the posting of your Content on or through Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
(ii) You retain all your rights to any Content you submit, post or display on or through Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third-party posts on or through Service.
However, by posting Content using the platform you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the platform. You agree that this license includes the right for us to make your Content available to other users of Service, who may also use your Content
subject to these Terms.
(iii) KNCCI has the right but not the obligation to monitor and edit all
Content provided by users.
(iv) You may not distribute, modify, transmit, reuse, download, repost, copy, or use Content found on this Platform, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
7. Prohibited Uses
You may use this platform only for lawful purposes and in accordance with the Terms and Conditions contained herein. You agree not to use the Platform:
(i) In any way that violates any applicable national or international law or regulation.
(ii) For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
(iii) To impersonate or attempt to impersonate the Chamber, an employee of the Chamber, another user, or any other person or entity.
(iv) In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
Additionally, you agree not to:
(i) Use the platform in any manner that could disable, overburden, damage, or impair it or interfere with any other party's use of the platform, including their ability to engage in real time activities through platform.
(ii) Use any robot, spider, or other automatic device, process, or means to access the platform for any purpose, including monitoring or copying any of the material on the platform.
(iii) Use any manual process to monitor or copy any of the material on the platform or for any other unauthorized purpose without our prior written consent.
(iv) Use any device, software, or routine that interferes with the proper working of the platform.
(v) Introduce any viruses, Trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
(vi) Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the platform, the server on which the platform data is stored, or any server, computer, or database connected to the platform.
(vii) Attempt any denial-of-service attack or a distributed denial-of-service attack.
(viii) Take any action that may damage or falsify platform ratings.
(ix) Otherwise attempt to interfere with the proper working of the platform.
Any unlawful use will result in suspension or cancellation of your account without notice or explanation.
8. Intellectual Property
Platform and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of KNCCI. The platform is protected by copyright, trademark, and other local and international laws. Our trademarks may not be used in connection with any product or service without the prior written consent of KNCCI.
9. Copyright Policy
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on Service infringes on the copyright or other intellectual property rights ("Infringement") of any person or entity.
(i) If you are a copyright owner or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to isoko.suport@kenyachamber.or.ke, with the subject line:
"Copyright Infringement" and include in your claim a detailed description of the alleged Infringement as outlined below:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works are covered by a single notification and a representative list of such works.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, your email address.
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad faith claims on the infringement of any content found on and/or through the platform on your copyright.
10. Links to Other Web Sites
The platform may contain links to third-party websites or services that are not owned or controlled by KNCCI.
The chamber has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
11. Disclaimer
You acknowledge and agree that xxx Chamber shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such third-party
web sites or services.
We strongly advise you to read the terms of service and privacy policies of any third-party websites or services that you visit.
12. Disclaimer of Warranty
1. These services are provided by xxx Chamber on an "as is" and "as available" basis. the chamber makes no representations or warranties of any kind, express or implied, as to
the operation of their services, or the information, content or materials included therein. you expressly agree that your use of these services, their content, and any services or items obtained from us is at your sole risk.
2. Neither company nor any person associated with company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the services. without limiting the foregoing, neither company nor anyone associated with company represents or warrants that the services, their content, or any services or items obtained through the services will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that the services or the server that makes it available are free of viruses or other harmful components or that the services or any services or items obtained through the services will otherwise meet your needs or expectations.
3. THE CHAMBER HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
4. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CAN NOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
13. Limitation of Liability
EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER, IT ARISES (INCLUDING ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS
INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY COUNTRY LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF KNCCI, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES.
14. Dispute Resolution
Any dispute or claim arising from or relating to the Services accessed from this platform is subject to the disclaimer of warranties, limitation of liability, and all other terms as outlined in these Terms and Conditions and the governing law in accordance with the laws of the country,
which applies to the Terms and Conditions without regard to its conflict of law provisions.
15. Termination
We may terminate or suspend your account and ban access to the platform immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms. If you wish to terminate your account, you may simply discontinue using the Platform.
All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
16. Governing Law
These Terms shall be governed and construed in accordance with the laws of the country, which governing law applies to the agreement without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire
agreement between us regarding the use of the platform and supersede and replace any prior agreements we might have had between us regarding the platform.
17. Changes to Service
We reserve the right to withdraw or amend our the platform, and any service or material we provide via the platform, in our sole discretion without notice. We will not be liable if for any reason all or any part of the platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts or the entire the platform, to users, including registered users.
18. Amendments of Terms
We may amend Terms at any time by posting the amended terms on this page. It is your
responsibility to review these Terms periodically.
Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
By continuing to access or use our platform after any revisions become effective, you agree to bebound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the platform.
19. Acknowledgement
BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE
THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY
THEM.
20. Contact Us
Please send your feedback, comments and requests for technical support by email: isoko.suport@kenyachamber.or.ke